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DEED OF TRUST 2 p 12 0 2 7 7 i
<br />(Continued) Page 7
<br />the Property or the collection, receipt and application of rents, issues or profits, Trustee or Lender shell
<br />be entitled to exercise every right provided for in the Note or the Ralated Documents or by law upon the
<br />occurrence of any event of default, including the right to exercise the power of sale;
<br />(b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint e receiver or specificelly
<br />enforce any of the covenants hereof; and
<br />ic) Deliver to Trustee a written declaration of default and demand for sale and a written notice of default
<br />and electlon to cause Trustor's interest in the Property to be sold, which notice Trustee shell cause to be
<br />duly filed for record in the appropriate offices of the County in which the Properry is located; and
<br />(d) With respect to all or any part of the Personal Property, Lendar shall heve all the rights and remedies
<br />of a secured party under the Nebraska Uniform Commercial Code.
<br />Foreclosure by Power of Sale. If Lender elects to foreciose by exercise of the Power of Sale herein contained,
<br />Lender shall notify Trustee and shell deposit with Trustee this Deed of Trust and the Note and such receipta
<br />end evidence of expenditures made and secured by this Deed of Trust as Trustee may require.
<br />(a) Upon receipt of such notice from Lender, Trustee shall cause to be recorded, published and delivered
<br />to Trustor such Notice of Default and Notice of Sale as then required by law and by this Deed of Trust.
<br />Trustee shalf, whhout demand on Trustor, after such time as may then be required by law and after
<br />recordation of such Notice of Default and after Notice of Sale having bean given as requ(red 6y law, sell
<br />the Property at the time and place of sale fixed by it in such Notice of Sale, either es a whole, or in
<br />separate lots or parcels or items as Trustee shall deem expedient, and in such order es it may determine,
<br />at public auction to the highest bidder for cash in lawfui money of the United &tetes payable et the time
<br />of sele. Trustes shall deliver to such purcheser or purchasars thereof its good and sufficient deed or
<br />deeds conveying the property so sold, but without any covenant or warranty, express or implied. The
<br />recitals in such deed of any matters or fects shall be conclusive proof of the truthfulness thereof. Any
<br />person, includfng without limitation Trustor, Trustee, or Lender, mey purchese at such sale.
<br />(b) As may be permitted by law, after daducting all costs, fees and expenses of Trustee and ot this
<br />Trust, including costs of evidence of title in connection with sele, Trustee shall apply the proceeds of sele
<br />to payment of (i) all sums expended under the terms of this Deed of Trust or under the terms of the Note
<br />not then repaid, including but not limited to accrued interest and late charges, (ii) all other sums then
<br />secured hereby, end liii) the remainder, if any, to the person or persons legally entitled thereto.
<br />(c) Trustee may in the manner provided by lew postpone sale of all or any portion of the Property.
<br />Remedles Not Exclusive. Trustee and Lender, and each of them, shall be entttled to enforce payment and
<br />performance of any indebtedness or obligations secured by this Deed of Trust and to exercise all rights and powers
<br />under this Deed of Trust, under the Note, under any of the Related Documents, or under any other agreement or
<br />any laws now or hereafter in force; notwithstanding, some or all of such indebtedness and obligations secured by
<br />this Deed of Trust may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, Ilen,
<br />assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, whether by court
<br />action or pursuant to the power of sale or other powers contained in this Deed of Trust, shell prejudice or in eny
<br />manner affect Trustee's or Lender's right to cealiae upon or enforce any other security now or hereafter held by
<br />Trustee or Lender, it being agreed thaY Trustee and Lender, and each of them, shall be entitled to enforce this Deed
<br />af Trust and any other security now or hereafter held by Lender or Trustee in such order and manner as they or
<br />either of them may in their absolute discretion determine. No remedy conferred upon or reserved to Trustee or
<br />Lender, is intended to be exclusive ot any other remedy in this Deed of Trust or by law provided or permitted, but
<br />each shall be cumu{etive and shall be in addition to every other remedy given in thls Deed of Trust or now or
<br />hereafter existing at law or in equity or by statute. Every power or remedy given by the Note or eny of the Related
<br />Documents to Trustee or Lender or to which either of them may be othervvise entitled, may be exercised,
<br />concurrently or independently, from tfine to time and as often as may be deemed expedient by Trustee or Lender,
<br />and either of tham may pursue inconsistent remedies. Nothing in this Deed of Trust shell be construed as
<br />prohibiting Lender from seeking a deficiency judgment against the Trustor to the extent such action is permitted by
<br />law. Elecfion by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to
<br />make expenditures or to take action to perform an obligation of Trustor under this Deed of Trust, after Trustor's
<br />failure to perform, shall not affect Lender's right to declare a default and exercise its remedies.
<br />Request for Notice. Trustor, on behalf of Trustor and Lender, hereby requests that a copy of eny Notice of Default
<br />and a copy of any Notice of Sale under this Deed of Trust be mailed to them at the addresses set forth in the first
<br />paragraph of this Deed of Trust.
<br />Attomeys' Fees; Expertses. If Lender institutes any suit or action to enforce any of the terms of this Deed of
<br />Trust, Lender shall be entitled to recover such sum as the court may edjudge reasonable as attomeys' fees at trial
<br />and upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all
<br />reasonable expenses Lender incurs that in Lender's opinion ere necessary at any time for the protection of its
<br />interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear
<br />interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph inciude,
<br />without limitation, however subject to any Iimits under applicable law, Lender's attorneys' fees and Lender's legal
<br />expenses, whether or not there is a lawsuit, including attorneys' fees end expenses for bankruptcy proceedings
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